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Miller Application # 5709

John Alberty
Adair Co., Stilwell, Oklahoma


Uncle to Frank Palone (MA # 4910), whose Indian blood comes from same source.

Commissioner of Indian Affairs
Washington, D. C.

I hereby make application for such share as me be due me of the fund appropriated by the Act of Congress approved June 30, 1906, in accordance with the decrees of the Court of Claims of May 18, 1905, and May 28, 1906, in favor of the Eastern Cherokees. The evidence of identity is herewith subjoined.

1. State Full Name:
    English Name-John Alberty
    Indian Name- Unknown

2. Residence- Goingsnake District

3. Town and Post Office- Stilwell

4. County- Cherokee Nation

5. State- Indian Territory

6. Date and Place of Birth- 1849- Cherokee Nation, Indian Territory

7. By what right do you claim to share? If you claim through more than one relative living in 1851, set forth each claim separately:

I claim in my own right, my father Johnson Alberty, my mother Caty Alberty, by brother Joshua Alberty, my brother George Alberty, my sister, Mary Alberty.

8. Are you married? YES

9. Name and age of wife or husband 
Emely C. Alberty *(Emily C. McDonald, MA # 5599)

10. Give names of your father and mother, and your mother's name before marriage-

    Father- English name- Johnson Alberty
    Indian name- Jon-sa-nie

    Mother- English name- Caty Alberty
    Indian name- Ca-die
    Maiden name- Caty Hood 

11. Where were they born?
Both parents born Georgia, in the Old Nation.

12. Where did they reside in 1851, if living at that time
both parents residing in Cherokee Nation, Indian Territory

13. Date of death of your father and mother?
Father died 1862, mother died in 1890

14. Were they ever enrolled for annuities, land, or other benefits? 
If so, state when and where-
They were on the Cherokee pay roll of 1851 for money in the Cherokee 

15. Name all your brothers and sisters, giving ages, and if not 
living, give date of death-

Joshua Alberty b. unknown d. 1861
George Alberty b. unknown d. 1867
Mary Alberty b. unknown d. 1868
Andrew Alberty b. unknown d. living
Arch Alberty b. unknown d. 1901

16. State English and Indian name of your grandparents on both 
father's and mother's side, if possible-

Father's side- Jacob Alberty and Aggie Alberty (Indian names unknown)
Mother's side- Unknown

17. Where were they born? They were born in the Old Nation
18. Where did they reside in 1851, if living at that time?

Grandfather died before 1851 I think, Grandmother was living in the 
Cherokee Nation

19. Give names of all their children, and residence, if living; if not living, give dates of deaths

1. English name- Mose Alberty
    Indian name- Unknown
    Residence- dead, date of death unknown
2. English name- Lyddia Crittenden
    Indian name- Unknown
    Residence- dead, date of death, unknown
3. English name- Sallie Shell
    Indian name- Unknown
    Residence- dead, date of death, unknown

20. Have you ever been enrolled for annuities, land, or other benefits? If so, state when and where-
I was on the roll of 1851 for money, and have been on all the pay rolls since that time, and was enrolled for land by the Dawes Commission in the Cherokee Nation, Indian Territory.

21. To expedite identification, claimant should give the full English and Indian names, if possible, of their paternal and maternal ancestors back to 1835.


(Under this head the applicant may give additional information that he believes will assist in proving his claim).

Note: Answers should be brief but explicit: the words 'yes' , 'no', and 'unknown' may be used in cases where applicable. Read the questions carefully.

I solemnly swear that the foregoing statements made by me are true to the best of my knowledge and belief.

Signed: John 'X' Alberty

Witness to Mark: N. J. Redbird and T. F. Waters

Subscribed and sworn to before me this 14th day of December 1906.

Signed: M. K. Shannon, Notary Public


(The following affidavit must be sworn to by two or more witnesses who are well acquainted with the applicant.)

Personally appeared before me N. J. Redbird and T. F. Waters, who being duly sworn, on oath depose and say that they are well acquainted with John Alberty, who makes the foregoing application and statements, and have known him for 30 years and 20 years, respectively, and know him to be the identical person he represents himself to be, and that the statements made by him are true, to the best of their knowledge and belief, and they have no interest whatever in his claim.

Witnesses Signatures: N. J. Redbird and T. F. Waters

Subscribed and sworn to before me on this 14th day of December 1906.

Signed: M. K. Shannon, Notary public

John A. Alberty, listed as Cherokee

Drennen Roll Group # 420-Goingsnake District as John Alberty

1880 Cherokee Census # 73-Goingsnake District as John Alberty-29 yrs.

1896 Census # 24-Goingsnake District

Dawes Roll # 1858, Census Card # 653 as John Alberty-Goingsnake District-Stilwell, IT

Transcribed by Catherine Widener, 2003


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